(영문) 의정부지방법원 고양지원 2016.08.12 2015고정1195

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(영문) 의정부지방법원 고양지원 2016.08.12 2015고정1195

절도

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Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the lessee who has resided in the victim C's house.

On February 6, 2015, the victim filed a claim against the defendant for the surrender of a building, etc. with the Goyang Branch District Court 2013Ga group 20765, and on February 6, 2015, the victim filed a claim against the defendant for the surrender of the building. On February 6, 2015, the victim filed a claim against the defendant for the purchase of the building, etc. on the following judgment: “The defendant delivered the victim with the KRW 330 square meters of living facilities of Class 2 adjacent to the ground area of 4,787 square meters on the ground of D, 47,821 and 17,547,821 won each, and from May 3, 2014 to May 3, 2014 to the delivery of the building or the loss of ownership, the victim acquired the ownership of the total amount of the building, such as Samsung C, Samsung C, and other general goods by applying for an auction with the Seoul District Court 2015 820.

around 1:30 on June 3, 2015, the Defendant, as a director in D's house at P', around 11:30 on SP, embezzled eight of the total amount of household appliances worth KRW 900,000,00, such as TV (T) 1st, general coolant (T&) 1st, kimchi air conditioners (LG) and 1st, washing machines (LG) 1st, 1st, 1st, 1st, and 1st, 1st, electronic siren (LG), computer siren monitors (HP), and 1st, which were kept for the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and E;

1. A list of auction copies of written judgments, and a protocol of auction for corporeal movables;

1. The Defendant and his defense counsel asserted that the Defendant did not arbitrarily take the place since the Defendant sold the chill, square, warehouse, etc. owned by the Defendant to the victim or E, and purchased again the damaged articles in lieu of the purchase price.

However, there is no evidence to acknowledge that the defendant sold the chill, flat, warehouse, etc. to the victim or E in return for the consideration as alleged by the defendant, and rather, according to the statements of the victim and E, the defendant voluntarily takes out the goods of this case without permission.

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